ML21364A014

Kairos Power LLC - Construction Permit Application; Opportunity to Request a Hearing and Petition for Leave to Intervene

ML21364A014
Person / Time
Site:	Hermes File:Kairos Power icon.png
Issue date:	02/04/2022
From:	Annette Vietti-Cook NRC/SECY
To:	Hastings P Kairos Power
Helvenston E
Shared Package
ML21364A012	List: ML21364A013 ML21364A014
References
FR Citation: 87 FR 7507; 02-09-22, NRC-2022-0033
Download: ML21364A014 (16)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-7513; NRC-2022-0033]

Kairos Power, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Construction permit application; opportunity to request a hearing and petition

for leave to intervene; order imposing procedures.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is providing notice that

an uncontested hearing will be held on the Kairos Power, LLC (Kairos) construction

permit application that proposes the construction of a test reactor, identified as Hermes,

in Oak Ridge, Tennessee, at a time and place to be set in the future by the Commission

or designated by the Atomic Safety and Licensing Board. This notice provides the public

an opportunity to request a hearing and petition for leave to intervene (i.e., contested

hearing) with respect to that application. The NRC staff is currently conducting a

detailed technical review of the construction permit application. If the NRC issues a

construction permit, the applicant, Kairos, would be authorized to construct its proposed

test reactor in accordance with the provisions of the construction permit. Because the

application contains sensitive unclassified non-safeguards information (SUNSI), this

notice includes an order that imposes procedures to obtain access to SUNSI for

contention preparation.

DATES: A request for a hearing or petitions for leave to intervene must be filed by April

11, 2022. Any potential party as defined in section 2.4 of title 10 of the Code of Federal

Regulations (10 CFR) who believes access to SUNSI is necessary to respond to this

notice must request document access by February 22, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0033 when contacting the NRC

about the availability of information for this action. You may obtain publicly available

information related to this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2022-0033. Address questions about Docket IDs in

Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the

For Further Information Contact section of this document.

NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number

for each document referenced (if it is available in ADAMS) is provided the first time that it

is mentioned in this document.

NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North,

11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the

PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or

301-415-4737, between 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Benjamin Beasley, Office of Nuclear

Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC

20555-0001; telephone: 301-415-2062, email: Benjamin.Beasley@nrc.gov.

2 SUPPLEMENTARY INFORMATION:

I. Introduction

By letters dated September 29, 2021 (ADAMS Package Accession No.

ML21272A375), and October 31, 2021 (ADAMS Package Accession No.

ML21306A131), Kairos submitted, pursuant to 10 CFR part 50, Domestic Licensing of

Production and Utilization Facilities, a construction permit application that proposed to

construct a test reactor (a testing facility as defined in 10 CFR 50.2). A notice of

receipt and availability of the first portion of Kaiross two-part application was published

in the Federal Register on October 29, 2021 (86 FR 60077). The NRC staff determined

that Kairos submitted a two-part application in accordance with 10 CFR 2.101(a)(5), and

a notice of the acceptability of docketing of both portions of Kaiross application was

published in the Federal Register on December 1, 2021 (86 FR 68290). The docket

number established for this application is 50-7513.

The NRC is considering issuance of a construction permit to Kairos that would

authorize construction of the proposed test reactor, identified as Hermes, to be located

in Oak Ridge, Tennessee. Hermes would be a fluoride-salt cooled, high-temperature

reactor that uses solid tri-structural isotropic fuel in pebble form.

II. Hearing

Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part 2,

Agency Rules of Practice and Procedure, and part 50, notice is hereby given that an

uncontested (i.e., mandatory) hearing will be held, at a time and place to be set in the

future by the Commission or designated by the Atomic Safety and Licensing Board

(Board).

The hearing on the application for a construction permit filed by Kairos pursuant

to 10 CFR part 50 will be conducted by a Board that will be designated by the Chief

3 Judge of the Atomic Safety and Licensing Board Panel or will be conducted by the

Commission. If the hearing is conducted by a Board, notice as to the membership of the

Board will be published in the Federal Register at a later date. The NRC staff will

complete a detailed technical review of the application and will document its findings in a

safety evaluation report. The Commission will refer a copy of the application to the

Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 50.58,

Hearings and Report of the Advisory Committee on Reactor Safeguards, and the

ACRS will report on those portions of the application that concern safety. The NRC staff

will also complete an environmental review of the application and will document its

findings in an environmental impact statement in accordance with the National

Environmental Policy Act of 1969, as amended, and the Commissions regulations in

10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and

Related Regulatory Functions.

III. Opportunity to Request a Hearing and Petition for Leave to Intervene

Within 60 days after the date of publication of this notice, any person (petitioner)

whose interest may be affected by this action may file a request for a hearing and

petition for leave to intervene (petition) with respect to the action. Petitions shall be filed

in accordance with the Commissions Agency Rules of Practice and Procedure in

10 CFR part 2. Interested persons should consult 10 CFR 2.309. The NRCs

regulations are accessible electronically from the NRC Library on the NRCs website at

https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, the presiding

officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.

As required by 10 CFR 2.309(d), the petition should specifically explain the

reasons why the intervention should be permitted with particular reference to the

following general requirements for standing: (1) the name, address, and telephone

4 number of the petitioner; (2) the nature of the petitioners right to be made a party to the

proceeding; (3) the nature and extent of the petitioners property, financial, or other

interest in the proceeding; and (4) the possible effect of any decision or order which may

be issued in the proceeding on the petitioners interest.

In accordance with 10 CFR 2.309(f), the petition must also set forth the specific

contentions that the petitioner seeks to have litigated in the proceeding. Each contention

must consist of a specific statement of the issue of law or fact to be raised or

controverted. In addition, the petitioner must provide a brief explanation of the bases for

the contention and a concise statement of the alleged facts or expert opinions that

support the contention and on which the petitioner intends to rely at hearing. The

petitioner must also provide references to the specific sources and documents on which

the petitioner intends to rely to support its position on the issue. The petition must

include sufficient information to show that a genuine dispute exists with the applicant on

a material issue of law or fact. Contentions must be limited to matters within the scope

of the proceeding. Each contention must be one that, if proven, would entitle the

petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f)

with respect to at least one contention will not be permitted to participate as a party.

Those permitted to intervene become parties to the proceeding, subject to any

limitations in the order granting leave to intervene. Parties have the opportunity to

participate fully in the conduct of the hearing with respect to resolution of that partys

admitted contentions, including the opportunity to present evidence, consistent with the

NRCs regulations, policies, and procedures.

Petitions must be filed no later than 60 days from the date of publication of this

notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)

section of this document. Petitions and motions for leave to file new or amended

5 contentions that are filed after the 60-day deadline will not be entertained absent a

determination by the presiding officer that the filing demonstrates good cause by

satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).

A State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof, may submit a petition to the Commission to participate as a

party under 10 CFR 2.309(h)(1) no later than 60 days from the date of publication of this

notice. The petition must be filed in accordance with the filing instructions in the

Electronic Submissions (E-Filing) section of this document and should meet the

requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2)

a State, local governmental body, or Federally recognized Indian Tribe, or agency

thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the

facility is located within its boundaries. Alternatively, a State, local governmental body,

Federally recognized Indian Tribe, or agency thereof may participate as a non-party

under 10 CFR 2.315(c).

For information about filing a petition and about participation by a person not a

party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053 and on the NRC

website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory.html and

https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including documents filed

by an interested State, local governmental body, Federally recognized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to

submit and serve all adjudicatory documents over the internet, or in some cases, to mail

copies on electronic storage media, unless an exemption permitting an alternative filing

6 method, as discussed below, is granted. Detailed guidance on electronic submissions is

located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession No.

ML13031A056) and on the NRC website at https://www.nrc.gov/site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at least 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by email at

Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to: (1) request a digital

identification (ID) certificate, which allows the participant (or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Secretary that the participant

will be submitting a petition or other adjudicatory document (even in instances in which

the participant, or its counsel or representative, already holds an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic

docket for the proceeding if the Secretary has not already established an electronic

docket.

Information about applying for a digital ID certificate is available on the NRCs

public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a

digital ID certificate is obtained and a docket created, the participant must submit

adjudicatory documents in Portable Document Format. Guidance on submissions is

available on the NRCs public website at https://www.nrc.gov/site-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the document is submitted through

the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the

E-Filing system no later than 11:59 p.m. (ET) on the due date. Upon receipt of a

transmission, the E-Filing system timestamps the document and sends the submitter an

email confirming receipt of the document. The E-Filing system also distributes an email

7 that provides access to the document to the NRCs Office of the General Counsel and

any others who have advised the Office of the Secretary that they wish to participate in

the proceeding, so that the filer need not serve the document on those participants

separately. Therefore, applicants and other participants (or their counsel or

representative) must apply for and receive a digital ID certificate before adjudicatory

documents are filed to obtain access to the documents via the E-Filing system.

A person filing electronically using the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at

1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and

6 p.m., (ET), Monday through Friday, excluding government holidays.

Participants who believe that they have good cause for not submitting documents

electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with

their initial paper filing stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in paper format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing

adjudicatory documents in this manner are responsible for serving their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an

NRC-issued digital ID certificate as described above, click cancel when the link

8 requests certificates and you will be automatically directed to the NRCs electronic

hearing dockets where you will be able to access any publicly available documents in a

particular hearing docket. Participants are requested not to include personal privacy

information such as social security numbers, home addresses, or personal phone

numbers in their filings unless an NRC regulation or other law requires submission of

such information. With respect to copyrighted works, except for limited excerpts that

serve the purpose of the adjudicatory filings and would constitute a Fair Use application,

participants should not include copyrighted materials in their submission.

9 Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards

Information for Contention Preparation

A. This Order contains instructions regarding how potential parties to this

proceeding may request access to documents containing SUNSI.

B. Within 10 days after publication of this notice of hearing and opportunity

to petition for leave to intervene, any potential party who believes access to SUNSI is

necessary to respond to this notice may request access to SUNSI. A potential party is

any person who intends to participate as a party by demonstrating standing and filing an

admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted

later than 10 days after publication of this notice will not be considered absent a showing

of good cause for the late filing, addressing why the request could not have been filed

earlier.

C. The requestor shall submit a letter requesting permission to access

SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and

provide a copy to the Deputy General Counsel for Licensing, Hearings, and

Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001. The expedited delivery or courier mail address for both

offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,

Maryland 20852. The email address for the Office of the Secretary and the Office of the

General Counsel are Hearing.Docket@nrc.gov and

10 RidsOgcMailCenter.Resource@nrc.gov, respectively.1 The request must include the

following information:

(1) A description of the licensing action with a citation to this Federal Register

notice;

(2) The name and address of the potential party and a description of the

potential partys particularized interest that could be harmed by the action identified in

C.(1); and

(3) The identity of the individual or entity requesting access to SUNSI and the

requestors basis for the need for the information in order to meaningfully participate in

this adjudicatory proceeding. In particular, the request must explain why publicly

available versions of the information requested would not be sufficient to provide the

basis and specificity for a proffered contention.

D. Based on an evaluation of the information submitted under paragraph

C.(3), the NRC staff will determine within 10 days of receipt of the request whether:

(1) There is a reasonable basis to believe the petitioner is likely to establish

standing to participate in this NRC proceeding; and

(2) The requestor has established a legitimate need for access to SUNSI.

E. If the NRC staff determines that the requestor satisfies both D.(1) and

D.(2), the NRC staff will notify the requestor in writing that access to SUNSI has been

granted. The written notification will contain instructions on how the requestor may

obtain copies of the requested documents, and any other conditions that may apply to

access to those documents. These conditions may include, but are not limited to, the

1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.

11 signing of a Non-Disclosure Agreement or Affidavit, or Protective Order2 setting forth

terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by

each individual who will be granted access to SUNSI.

F. Filing of Contentions. Any contentions in these proceedings that are

based upon the information received as a result of the request made for SUNSI must be

filed by the requestor no later than 25 days after receipt of (or access to) that

information. However, if more than 25 days remain between the petitioners receipt of

(or access to) the information and the deadline for filing all other contentions (as

established in the notice of hearing or opportunity for hearing), the petitioner may file its

SUNSI contentions by that later deadline.

G. Review of Denials of Access.

(1) If the request for access to SUNSI is denied by the NRC staff after a

determination on standing and requisite need, the NRC staff shall immediately notify the

requestor in writing, briefly stating the reason or reasons for the denial.

(2) The requestor may challenge the NRC staffs adverse determination by

filing a challenge within 5 days of receipt of that determination with: (a) the presiding

officer designated in this proceeding; (b) if no presiding officer has been appointed, the

Chief Administrative Judge, or if he or she is unavailable, another administrative judge,

or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a) if another

officer has been designated to rule on information access issues, with that officer.

(3) Further appeals of decisions under this paragraph must be made

pursuant to 10 CFR 2.311.

2 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.

12 H. Review of Grants of Access. A party other than the requestor may

challenge an NRC staff determination granting access to SUNSI whose release would

harm that partys interest independent of the proceeding. Such a challenge must be filed

within 5 days of the notification by the NRC staff of its grant of access and must be filed

with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer

has been appointed, the Chief Administrative Judge, or if he or she is unavailable,

another administrative judge, or an Administrative Law Judge with jurisdiction pursuant

to 10 CFR 2.318(a) if another officer has been designated to rule on information access

issues, with that officer.

If challenges to the NRC staff determinations are filed, these procedures give

way to the normal process for litigating disputes concerning access to information. The

availability of interlocutory review by the Commission of orders ruling on such NRC staff

determinations (whether granting or denying access) is governed by 10 CFR 2.311.3

I. The Commission expects that the NRC staff and presiding officers (and

any other reviewing officers) will consider and resolve requests for access to SUNSI,

and motions for protective orders, in a timely fashion in order to minimize any

unnecessary delays in identifying those petitioners who have standing and who have

propounded contentions meeting the specificity and basis requirements in

10 CFR part 2. The attachment to this Order summarizes the general target schedule

for processing and resolving requests under these procedures.

3 Requestors should note that the filing requirements of the NRCs E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.

13 IT IS SO ORDERED.

Dated: February 4, 2022.

For the Nuclear Regulatory Commission.

/RA/

Annette L. Vietti-Cook, Secretary of the Commission.

14 ATTACHMENT 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in this Proceeding

Day Event/Activity 0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.

10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.

60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).

20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI.

(NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).

25 If NRC staff finds no need or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access.

30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s).

40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.

15 Day Event/Activity A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.

A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline.

A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.

A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers.

>A + 60 Decision on contention admission.

16